Quiet Title Action Attorney - Part I

Topic headings covered in this Part I:
1. The Quiet Title Action, 2. How REMIC Tax Law governs securitization and limits property transfers, 3. The Pooling and Service Agreement States that New York Law Governs Securitization Issues, 4. Where the Action Should Be Brought. 5. If your loan was securitized, there's a 90% chance of finding substantial defenses to a foreclosure action, 6. What Bank of America and MERS are saying, and 7. The Cost of the Quiet Title Action - only partially discussed - continued in Part II.
Homeowners in judicial or non-judicial states have an opportunity to reduce their monthly mortgage payments, or even eliminate the mortgage, through a quiet title action or a declaratory judgment action. Wall Street firms were in such a rush to securitize the nation's mortgages that they failed to follow the state real property laws as well as their own pooling and service agreements, and REMIC trust requirements. The result for some homeowners could be an order declaring the mortgage unenforceable, or (more likely) a significant reduction in the homeowner's monthly mortgage payment. Video discusses why New York law governs securitization issues; the famous Ibanez case in Massachusetts; a remarkable admission by Bank of America that it may not have or be able to put its hands on a large number of original notes; and how IRS REMIC requirements could help you nullify your mortgage. Quiet title actions for homeowners in every one of the 50 states can be brought in New York, the home for securitization of mortgages. Attorney Carl Person represents homeowners from various states in quiet title actions commenced in New York. He can be reached at 212-307-4444 or 917-453-9376.

Category:

News & Politics

Tags:

• quiet title action
• declaratory judgment
• securitize
• securitization
• mortgage
• deed of trust
• pooling and service agreement
• REMIC
• New York
• unenforceable
• Ibanez
• Bank of America
• lost notes
• 50 states
• attorney
• lawyer
• Carl Person
• costs
• hourly rate
• filing fee
• service process
• preliminary title report

[carlpers2]

Most cases are never tried and most parties themselves never appear personally in the court in which their case is being litigated. The parties appear in court for trial. In the NY quiet title action, an out-of-state party possibly may be required to appear for 1 day for a deposition taken by the bank's attorneys. The REMIC securitization trust is governed by NY law. The multiple causes of action in the one complaint are handled through discovery demanded from the defendants, and are no problem.

[ibzp1]

So he is not giving the cost for this ?

[carlpers2]

I'm sorry about this. I uploaded 15 minutes of video, but only 9 minutes and 40 seconds was posted. I will add the rest of the video including costs with a Part II. I analyze the costs by the number of hours it will take me to prepare, serve and file the complaint, my hourly rate, the filing fee ($210), the cost of service of process ($400 estimated) and a preliminary title report ($190) and if you call me directly I will give you the hourly rate and number of hours, after hearing your problem.

[ibzp1]

How do we go about this ?

[carlpers2]

Hi, I am fixing the problem of elimination of the last 5 minutes of my video, which I have no renamed as Part I. Please call me at 212-307-4444 so I can answer your question.

[shelleyroxanne]

Carl, this is great news you are doing this. I have lots of folks to send to you. what if people are post-judgment, are they barred from suing for quiet title?

[ForeclosureDiscovery]

Sounds like you got it nailed Carl. Very interesting idea to sue in NY because the PSA is governed under NY law. I cant quite see how this works exactly, especially with other causes of action in the complaint if plaintiff is out of state, will have to think about it more.